THE UNITED STATES SENTENCING COMMISSION PRESENTS THE ANNUAL NATIONAL SEMINAR ON THE FEDERAL SENTENCING GUIDELINES Cosponsored by ABA Crim inal Justice Section June 13 - 15, 2012 -Hilton New Orleans Riverside, New Orleans, Louisiana UNITED STATES SENTENCING COMMISSION ANNUAL NATIONAL SEMINAR ON THE FEDERAL SENTENCING GUIDELINES Wednesday - Friday Hilton New Orleans Riverside June 13 - 15, 2012 New Orleans, Louisiana WEDNESDAY JUNE 13, 2012 9:00 a.m. - 5:00 p.m. 4:15 p.m. - 5:30 p.m. REGISTRATION CONCURRENT SESSIONS Room: 1st Floor (Outside of the Chemin Royale) A. ADVANCED GUIDELINE 12:30 p.m. - 4:00 p.m. APPLICATION ISSUES FOR BEGINNERS: A BASIC Room: Grand Ballroom A - 1st Floor INTRODUCTION TO THE FEDERAL This interactive panel will be a discussion of SENTENCING GUIDELINES advanced guideline issues, including some Room: Grand Ballroom A - 1st Floor frequently asked questions. This Introduction to the Federal Sentencing • L. Russell (Rusty) Burress Guidelines session is designed to provide an Principal Training Advisor introduction to guidelines application for those with United States Sentencing Commission limited experience working with the federal • Alan Dorhoffer, Esq. guidelines. Deputy Director • L. Russell (Rusty) Burress Office of Education & Sentencing Practice Principal Training Advisor United States Sentencing Commission United States Sentencing Commission • Alan Dorhoffer, Esq. B. FOR BEGINNERS: A BASIC Deputy Director INTRODUCTION TO THE Office of Education & Sentencing Practice ORGANIZATIONAL GUIDELINES United States Sentencing Commission Room: Grand Ballroom B - 1st Floor • Honorable Ricardo Hinojosa This introduction to the Chapter 8 guidelines for Commissioner, U.S. Sentencing Commission sentencing of organizations is designed to provide Chief District Judge an introduction to the organizational guidelines. McAllen, TX The panel will discuss the components of an organizational sentencing, including restitution, 2:30 p.m. - 2:45 p.m. fines, and terms and conditions of probation. The BREAK panel will also discuss how to evaluate whether an organization had an effective compliance and 2:45 p.m. - 4:00 p.m. ethics program INTRODUCTION TO THE • Cathy A. Battistelli SENTENCING GUIDELINES Deputy Chief Probation Officer II (RESUMES) Concord, NH • Kathleen J. Grilli, Esq. Deputy General Counsel United States Sentencing Commission * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 1 WEDNESDAY JUNE 13, 2012 (continued) 4:15 p.m. - 6:15 p.m. SENTENCING ETHICS FOR DEFENSE ATTORNEYS & PROSECUTORS Room: Grand Salon A - 1st Floor This panel will involve a 45-minute overview of principles of legal ethics generally applicable to criminal cases (for both prosecutors and defense counsel); a 30-minute discussion of the application of such principles to federal sentencing in particular; and a 45-minute discussion (with audience participation) based on several scenarios raising ethical issues related specifically to sentencing. • Michelle Morales, Esq. Deputy Chief, Office of Policy & Legislation United Stated Department of Justice, Criminal Division Washington, DC • Brent E. Newton, Esq. Deputy Staff Director United States Sentencing Commission • H. Michael Sokolow, Esq. First Assistant Federal Public Defender Houston, TX * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 2 THURSDAY JUNE 14, 2012 7:30 a.m. - 8:15 a.m. 10:00 a.m. - 11:30 a.m. LATE REGISTRATION PLENARY SESSION: A VIEW FROM Room: 1st Floor (Outside of the Chemin Royale) THE APPELLATE BENCH CONTINENTAL BREAKFAST Room: Grand Ballroom AB - 1st Floor Room: 1st Floor (Chemin Royale) • Honorable Denny Chin Circuit Judge 8:15 a.m. - 8:30 a.m. Second Circuit Court of Appeals OPENING REMARKS New York, NY Room: Grand Ballroom AB - 1st Floor • Honorable Diana Gribbon Motz • Pamela G. Montgomery, Esq. Circuit Judge Director & Chief Counsel of Training Fourth Circuit Court of Appeals Office of Education & Sentencing Practice Baltimore, MD United States Sentencing Commission • Honorable Priscilla Richman Owen Circuit Judge 8:30 a.m. - 9:45 a.m. Fifth Circuit Court of Appeals PLENARY SESSION: Austin, TX UNITED STATES SENTENCING • Honorable William Jay Riley COMMISSION: A YEAR IN REVIEW Chief Circuit Judge Room: Grand Ballroom AB - 1st Floor Eighth Circuit Court of Appeals The panel will review recently proposed Omaha, NE amendments and provide an update of Commission Moderator: projects and activities. • Honorable Ricardo Hinojosa • Honorable Patti B. Saris Commissioner, U.S. Sentencing Commission Chair Chief District Judge • Honorable William B. Carr, Jr. McAllen, TX Vice Chair • Honorable Ketanji B. Jackson 11:30 a.m. - 1:00 p.m. Vice Chair LUNCH BREAK • Honorable Ricardo H. Hinojosa Commissioner • Honorable Beryl A. Howell Commissioner • Honorable Dabney L. Friedrich Commissioner • Honorable Isaac Fulwood Commissioner, Ex Officio • Honorable Jonathan J. Wroblewski Commissioner, Ex Officio 9:45 a.m. - 10:00 a.m. BREAK * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 3 THURSDAY JUNE 14, 2012 (continued) 1:00 p.m. - 2:30 p.m. CONCURRENT SESSIONS A. DRUG OFFENSES* B. ECONOMIC CRIMES: LOSS Room: Grand Ballroom AB - 1st Floor DETERMINATION AND OTHER The panel will discuss guideline application and case ISSUES* law issues relating to the drug guidelines. The panel Room: Grand Ballroom C - 1st Floor will focus on application of base offense levels as well The panel will discuss guideline application and as frequently applied specific offense characteristics. case law issues arising in fraud and theft offenses. • Honorable Robert Holmes Bell A particular focus of the panel’s discussion will be District Judge the calculation of actual or intended loss in certain Grand Rapids, MI types of cases, as well as the other specific offense • Jacqueline A. Johnson, Esq. characteristics in §2B1.1 that are applied most First Assistant Federal Public Defender frequently. Cleveland, OH • Paul B. Bergman, Esq. • Honorable Joyce White Vance Paul B. Bergman, P.C. United States Attorney New York, NY Birmingham, AL • John Buretta, Esq. • Honorable Reggie B. Walton Deputy Assistant Attorney General District Judge Brooklyn, NY Washington, DC • Carolyn L. Darville • Mary Elizabeth Windham Supervisory Probation Officer Supervisory Probation Officer New Orleans, LA Columbia, SC • Honorable John Gleeson Moderator: District Judge • Krista L. Rubin Brooklyn, NY Sr. Education & Sentencing Practice Specialist Moderator: United States Sentencing Commission • Kathleen J. Grilli, Esq. Deputy General Counsel United States Sentencing Commission * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 4 THURSDAY JUNE 14, 2012 (continued) 1:00 p.m. - 2:30 p.m. CONCURRENT SESSIONS continued C. CRIMINAL HISTORY D. SUPERVISED RELEASE: Room: Grand Ballroom D - 1st Floor IMPOSITION & REVOCATION The panel will discuss guideline application and Room: **HEC - A - 2nd Floor case law issues related to the criminal history This panel will focus on the terms and conditions guidelines. involved in imposing and revoking supervised • Richard Bohlken release and will also discuss the USSC Report Supervisory Probation Officer Federal Offenders Sentenced to Supervised Release. Albuquerque, NM • Honorable Lance M. Africk • Honorable D. Brock Hornby District Judge Senior District Judge New Orleans, LA Portland, ME • Elisabeth F. Ervin • Marjorie Meyers, Esq. Assistant Deputy Chief Probation Officer Federal Public Defender Asheville, NC Houston, TX • Laura M. Roffo • John R. Steer, Esq. Supervisory Probation Officer The Law Offices of Mark H. Allenbaugh Boston, MA Fairfax Station, VA Moderator: Moderator: • Brent E. Newton, Esq. • Alan Dorhoffer, Esq. Deputy Staff Director Deputy Director United States Sentencing Commission Office of Education & Sentencing Practice United States Sentencing Commission * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 5 THURSDAY JUNE 14, 2012 (continued) 1:00 p.m. - 2:30 p.m. CONCURRENT SESSIONS continued E. GUIDELINE DEPARTURES & F. RESTITUTION AND OTHER VICTIM VARIANCES RIGHTS ISSUES Room: **HEC - B - 2nd Floor Room: **HEC - C - 2nd Floor The panel will discuss current developments and case The panel will present a useful step-by-step approach law relating to guideline departures and variances; determining restitution under federal law. It also will provide practical advice on guideline departures and present developing legal issues under the Crime Victim variances; and explore issues associated with guideline Rights Act (and other statutes), recent case law, and departures and variances. emerging victims’ rights issues. • Teresa M. Brantley • Catharine M. Goodwin, Esq. Supervisory Probation Officer Restitution Consultant Los Angeles, CA Phoenix, AZ • Honorable Charles R. Breyer • Susan Smith Howley, Esq. Senior Judge Director of Public Policy San Francisco, CA National Center for Victims of Crime • Michael Dreeben, Esq. Washington, DC Deputy Solicitor General Moderator: United States Department of Justice • Lisa A. Rich, Esq. Washington, DC Director, Office of Legislative & Public Affairs • Jon M. Sands, Esq. United States Sentencing Commission Federal Public Defender Phoenix, AZ 2:30 p.m. - 2:45 p.m. Moderator: BREAK • Honorable Dabney L. Friedrich Commissioner United States Sentencing Commission * Program offered twice ** Hilton Exhibition Center (HEC) - 2nd Floor 6 THURSDAY JUNE 14, 2012 (continued) 2:45 p.m. - 4:15 p.m. CONCURRENT SESSIONS A. DRUG OFFENSES* B. ECONOMIC CRIMES: LOSS Room: Grand Ballroom AB